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ineffective during World War I and World War II, 330 the GPW allows for the possibility thatthey might apply. 3314.17 SPIES, SABOTEURS, AND OTHER PERSONS ENGAGING IN SIMILAR ACTS BEHIND ENEMY LINESSpying, sabotage, and similar acts behind enemy lines have a dual character under thelaw of war; States are permitted to employ persons who engage in these activities, but theseactivities are punishable by the enemy State.Belligerents may employ spies and saboteurs consistent with the law of war. However,any person (including individuals who would otherwise receive the privileges of lawfulcombatants) engaging in spying, sabotage, or similar acts behind enemy lines, is regarded as anunprivileged belligerent while doing so. These persons forfeit entitlement to the privileges ofcombatant status and may be punished after a fair trial if captured.4.17.1 Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind EnemyLines – Notes on Terminology. Spying has been given a technical definition in the Hague IVRegulations. 332 However, as discussed below, certain conduct, most notably sabotage, has beentreated as having the same legal consequences as spying and has even been called spying, eventhough such acts do not meet the definition of spying in the Hague IV Regulations. 333In some cases, “saboteurs” has been used in a purely factual way to refer to those personsengaged in damaging or destroying enemy materiel. 334 In other cases, “saboteurs” has been usedas a legal term of art to refer to those persons who are engaged in damaging or destroying enemy330 See LEVIE, POWS 63 (explaining that Articles 5-8 of Hague XI “proved ineffective during World War I” and“[d]uring World War II the provisions of the Eleventh Hague Convention of 1907 were again completelydisregarded, with the result that there was no assurance as to exactly what the status of a captured merchant seamanwould be.”). Hague XI had fewer than 30 Parties at that time, and only technically applied when all the belligerentsto a conflict were also parties to Hague XI. See HAGUE XI art. 9 (“The provisions of the present Convention do notapply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.”).Hague XI did not apply during World War II for this reason. See II-A FINAL RECORD OF THE DIPLOMATICCONFERENCE OF GENEVA OF 1949 419 (UK representative noting that “[t]he provisions of the Eleventh HagueConvention were not applied during the last War, owing to the fact that all the belligerent States were not parties toit.”).331 For further background see II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 238-39,418-19.332 Refer to § 4.17.2 (Spies).333 Refer to § 4.17.3 (Saboteurs and Other Persons Engaging in Secretive, Hostile Acts Behind Enemy Lines).334 1958 UK MANUAL 331 (“Whether saboteurs, i.e., persons dropped or landed behind the lines of the belligerentin order to commit acts of destruction and terrorism, are to be treated as spies depends on whether they are caught indisguise or not. If they are disguised in civilian clothing or in the uniform of the army by which they are caught orthat of an ally of that army, they are in the same position as spies. If caught in their own uniform, they are entitledto be treated as prisoners of war.”).150